Study Questions on Ch. IV of The Concept of Law
Why can't Austin explain the continuity of lawmaking power between Rex
I and Rex II in terms of Rex I authorizing Rex II's rule?
it fair to say that for Austin a lawmaker stands at the apex of the
legal system, but for Hart there is an authorization at the apex?
3) What does Hart mean by the "internal" aspect of rules on pp. 56-57?
Isn't Hart's theory simply one in which the Austinian sovereign is the
officials or society as a whole? Aren't they the ones that are legally
5) On p. 61 Hart says that the attitude toward the
law of ordinary citizens may simply be a form of acquiescence in order
to avoid sanctions. If so how can we explain how they are subject to a
legal obligation? Don't we have the same problem that Austin has in
explaining legal obligation?
6) Isn't it the case that there
really is a group that is legally unlimited in the American legal
system, namely the entity described in Article V?